THEORIES

OF CRIME
CAUSATION
 Crime
- In its legal sense is an act or
omissions forbidden by law
that can be punished by
imprisonment and/ fine.
 Intention and Motive of a Crime:

Criminal intent (intention)

- refers to the mental state of mind
possessed by a defendant in committing a
crime. While the motive is usually used in
connection with the Criminal Law to explain
why a person acted or refused to act in a
certain way.
 Intention and Motive of a Crime:

Motive
-  is the term used to explain why a person
committed a crime.
- moves people to induce a certain action.
 SCENARIO 1
If Alex has an insurance policy of 100,000.00 and
York is the beneficiary of the policy in case of
death of Alex . York plans a murder of Alex so
that he could get the insurance amount. He plans
his crime so that it looks like an accident.

INTENT?
MOTIVE?
 SCENARIO 2
Ana is so poor that she is not able to feed her
child. She plans to commit a theft and use money
obtained from it to feed her child.

INTENT?
MOTIVE?
 INGREDIENTS/ELEMENTS OF CRIME

1. Motive
- refers to the reason or cause why a person or
group of persons will perpetrate a crime.
 
* Examples are dispute, economic gain, jealousy,
revenge, insanity, thrill, intoxication, drug
addiction and many others.
 INGREDIENTS/ELEMENTS OF CRIME

2. Instrumentality
- is the means or implement used in the
commission of the crime.
 
* It could be a firearm, a bolo, etc.
 INGREDIENTS/ELEMENTS OF CRIME
3. Opportunity
- Consists of the acts of omission and/or commission by
a person (the victim) which enables another person or
group of persons (the criminal/s) to perpetrate the
crime.
 
* Examples include leaving one’s home or car
unattended for a long time
 Stages of Commission of Crime
1. Intention

- the first stage in the commission of an offence and

known as a mental stage.
- the conscious excise of the mental faculties of a person to
do an act for the purpose of satisfying a purpose.
- Criminal intent is the conscious decision someone makes
to deliberately engage in an unlawful or negligent act or to
harm someone else.
*For example, in the case of murder, the
intention is to cause death. In the case of
theft, an intention is to steal. In the case of
rape an intention to have forcible sexual
connection with a woman without her
consent.
 Stages of Commission of Crime
2. Preparation

- It means arranged means and measures

necessary for the commission of a crime.
Generally, it is not punishable because it is
impossible to show that preparation was
directed towards the wrongful end or was done
with evil intent or mind.
- The existing laws allow a principle of ‘Locus poenitentiae’ which
means an ‘opportunity to repent’. The law doesn’t punish the
person unless he has passed beyond that stage of preparation.

*Ex: If JOHN acquires a revolver from certified ammunition store

with a license with intention to kill his bitter enemy BEN and keeps
the same in his pocket duty loaded. But he does nothing more
than that. JOHN has an intention and made preparation to carry
out his intention but he has not committed the offence. At this
stage, it is impossible to prove that JOHN had the loaded revolver
only with the intention of killing BEN.
 Stages of Commission of Crime
3. Attempt

- It is also known as a Preliminary Crime, the term

‘Attempt’ means “the direct movement towards the
commission of a crime after necessary preparation has
been made.”
- Prof. Kenny and Sir James Stephen called the term
‘attempt’ as ‘inchoate crime’ which connotes
something which is yet to be completed.
Elements of the Attempt:

A. Guilty intention to commit an offence

B. Some act done towards the commitment of
the crime
C. The act must fall short of the completed
offence.
 Stages of Commission of Crime
4. Accomplishment

- Generally, most of the crimes are punishable only

after the crime has been committed. If the accused
commits an attempt to commit the crime and such
attempt succeeds, he will be liable for the offence.
- If such an attempt is unsuccessful, he will be liable for
the attempt to commit the offence.
* Example: If Hary acquires a revolver from
certified ammunition store with a license with
intention to kill his bitter enemy Ken and keeps
the same in his pocket duty loaded. Hary locates
Ken in the garden and fires at him. If the bullet
strikes Ken causing fatal injuries leads to death,
then the attempt is successful and the intention
of Hary accomplished.
 HISTORICAL OVERVIEW OF CRIME CAUSATION

ANTIQUE PHILOSOPHY (4 TH

CENTURY BC)

- ARISTOTLE offers a philosophical

standpoint on crime causation
who stated that the crime is
poverty related describing poverty
as a mother of all revolutions and
crimes.
 HISTORICAL OVERVIEW OF CRIME CAUSATION
MEDIEVAL PHILOSOPHY (17 TH

CENTURY)
- According to FRANCIS BACON,
criminality will depend on social
situations.
- He described his standpoint in this
sentence: “opportunity makes a thief.”
- Pointed out that human behavior will
depend on situations.
 HISTORICAL OVERVIEW OF CRIME CAUSATION
FRENCH RENAISSANCE PHILOSOPHY
(18TH CENTURY)

- The famous encyclopedist VOLTAIRE

and ROUSSEAU introduce the concept
of free will.
- Crime is the same as hedonistic
behavior and failure to fulfill the social
contract obligations.